Deferred Action

Deferred Action

President Obama Issued a Directive, Not an “Executive Order” or

President Obama Issued a Directive, Not an “Executive Order” or “New Law”

Immigration hardliners were predictably quick to criticize President Obama’s recent announcement that DHS will use discretion to halt the deportations of eligible immigrant youth. They wasted no time hurling some base-stirring claims—“administrative amnesty,” “end-runs around Congress,” “executive fiat.” However, while folks are free to criticize the President, they should at least strive for accuracy. The President did not create a new law, sign an executive order or grant anyone citizenship or amnesty, he merely directed DHS to exercise discretion to grant deferred action to qualified immigrant youth—an action that is well within his power as President. Read More

A Breakdown of DHS’s Deferred Action for DREAMers

A Breakdown of DHS’s Deferred Action for DREAMers

While today’s headlines assess the significance of President Obama’s deferred action announcement on Friday, many are still sorting through the news to get answers to basic questions about who is covered under the new program. Prior to President Obama’s statement that DHS would halt the deportation of immigrant youth who met criteria similar to the DREAM Act, DHS Secretary Janet Napolitano released a memo and a set of questions and answers that outline eligibility and a basic timeline for implementing the new directive . Read More

President Obama to Halt Removal of DREAMers

President Obama to Halt Removal of DREAMers

The Obama administration announced today that it will offer indefinite reprieves from deportation for young immigrants who were brought to the country as minors and meet other specific requirements. The move, hailed by immigration advocates as a bold response to the broken immigration system, temporarily eliminates the possibility of deportation for youths who would qualify for relief under the DREAM Act, giving Congress the space needed to craft a bipartisan solution that gives permanent residence to qualifying young people. In a statement from the White House, President Obama said the policy was “the right thing to do,” calling DREAMers “Americans in their hearts, in their minds, in every single way but one: on paper.” Read More

Law Professors Push White House to Grant Administrative Relief to DREAMers

Law Professors Push White House to Grant Administrative Relief to DREAMers

In the absence of Congressional action on the DREAM Act, advocates and DREAMers have increasingly turned to the White House to help them secure temporary protection from removal. This week, DREAMERS got a huge boost from 96 law professors who sent a letter to President Obama outlining the extensive authority under law that his administration holds to halt deportations of DREAMers. Read More

Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion

Immigrants without Legal Representation Not Benefitting from Prosecutorial Discretion

After ICE Director John Morton issued a memo last June outlining how and when ICE officials should exercise prosecutorial discretion in immigration cases, many were optimistic that the memo’s implementation would relieve backlogs and help the agency focus on higher priority immigration cases. Months later, however, folks are finding that one large group of people has limited access to this review process—immigrants without legal representation. In fact, nearly half of all immigrants in removal proceedings  appeared without legal representation in 2011, also known as “pro se.” While immigration attorneys often explain the effect of these prosecutorial discretion policies to their clients, pro se immigrants may be unaware that new policies are even in effect. Read More

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